When a will is revealed, clients may be surprised or disappointed by its contents. Sometimes, clients wonder whether their loved one really freely consented to the will at all, or whether someone was coercing them behind the scenes. If it is proven that the testator did not freely make the will, the will can be invalidated. However, obtaining sufficient evidence to show undue influence can be complicated, as the testator is deceased. This is how trust and estate litigation attorneys can show undue influence without having direct evidence.
What Is Undue Influence?
Certain circumstances can signal undue influence. One common concern arises when a will distributes property in an unexpected way, such as excluding close family members in favor of others without a clear or reasonable explanation. This concern is heightened when the person who made the will was ill, frail, or otherwise vulnerable at the time. Courts also closely examine situations in which the testator placed significant trust in, or relied heavily on, the individual who benefited under the will. When these factors are present, there may be reason to believe that the beneficiary took advantage of the testator’s condition and substituted their own wishes for the testator’s true intent.
Some degree of influence over a person’s decisions is normal and legal. People routinely offer opinions, advice, or even pressure, and that alone does not make the resulting decision invalid. As long as the decision-maker is mentally capable and acting independently, they remain free to accept or reject what others say. The law does not treat every instance of persuasion or involvement as problematic. Influence becomes an issue only when it overpowers a person’s free will. Simply showing that someone was influenced, or that another person was involved in discussions or arrangements, is not enough to call a will into question.
Direct vs. Circumstantial Evidence
Evidence can be categorized as either direct or circumstantial. Direct evidence is proof of a fact that comes from a witness’s firsthand experience, gained through their own senses, such as seeing, hearing, or touching something. For instance, someone could testify that they heard a loud argument or witnessed a car collision. Circumstantial evidence, on the other hand, is direct evidence of one fact that allows a person to reasonably conclude that another fact is true or not true. For instance, a person might notice water on the ground. From there, they could conclude that it rained. However, they could also reasonably conclude that someone had a water balloon fight, depending on the circumstances.
With these descriptions, one might believe that direct evidence is better than circumstantial evidence. Circumstantial evidence can be problematic because it requires a judge or jury to infer. As the above example shows, reasonable people can disagree about the inferences to draw from the available facts.
Nevertheless, circumstantial evidence can be successfully used in will contests, particularly to demonstrate undue influence.
Proving Undue Influence
Usually, a person challenging a will for undue influence (often called a “contestant”) relies more on circumstantial evidence than direct evidence. This is because undue influence typically happens in private, without witnesses. A contestant may present evidence showing that the testator was vulnerable, such as advanced age, limited intelligence, emotional distress, or a weakened mental condition. They may also offer evidence that the alleged influencer had significant power or control over the testator. For example, the influencer may have managed the testator’s housing, medical care, or finances. Evidence may also show that the influencer used affection, pressure, manipulation, or threats to affect the testator’s decisions.
Courts may look at factors such as the testator’s age, physical and mental health, education/cognitive ability, and the nature of the relationship between the parties. While motive or opportunity alone is usually not enough, a contestant may strengthen their case by showing that the will produced an unexpected or unfair result. For instance, leaving everything to a friend instead of the children without prior explanation may raise concerns of undue influence.
To determine whether undue influence occurred, lawyers often gather a wide range of evidence to show, through surrounding circumstances, that the wrongdoer improperly influenced the victim. This evidence may include emails or text messages showing pressure, manipulation, or control over the victim’s decisions. Voicemails or videos may reveal threats, emotional coercion, or attempts to isolate the victim from family and friends. Lawyers may also rely on witness statements from caregivers, relatives, neighbors, or professionals who observed changes in the victim’s behavior or relationships. For example, a caregiver might testify that the victim appeared fearful or dependent on the influencer, or that the influencer spoke for the victim during important conversations.
Challenges in Showing Undue Influence
There are some challenges to showing undue influence. A few are:
Private interactions: Influencers often act in secrecy, meeting with the vulnerable person alone or controlling who has access to them. These private encounters make it difficult for family members or professionals to observe any manipulation or pressure.
Difficult to assess vulnerability: Evaluating mental or physical susceptibility often requires medical or expert input, such as doctors, psychologists, or other professionals who can assess cognitive capacity and decision-making ability. Depending on the available medical records, this can be challenging.
Complex family relationships: Deep-rooted conflicts or strong loyalties among family members can complicate getting at the truth. Personal biases or emotional tensions may influence what witnesses remember, how they interpret events, or whether they feel comfortable speaking openly.
Contact An Experienced Trust and Estate Litigation Attorney
When a loved one suspects undue influence, it is important to act quickly to protect their rights and interests. Trust and estate disputes can be legally complex, as it can be challenging to find evidence of manipulation or pressure. However, an experienced trust and estate litigation attorney knows how to identify red flags and build a case using circumstantial evidence. If you believe that your loved one’s wishes were not honored and undue influence played a role in the will’s formation, secure experienced legal representation as soon as possible.